`Case 2:17-cv-00514—JRG Document 162-10 Filed 02/13/19 Page 1 of 3 PageID #: 14474
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` EXHIBIT 9
`EXHIBIT 9
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`Case 2:17-cv-00514-JRG Document 162-10 Filed 02/13/19 Page 2 of 3 PageID #: 14475
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Plaintiff,
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`Case No. 2:17-CV-0513-JRG
`(LEAD CASE)
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`JURY TRIAL DEMANDED
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`v.
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`HUAWEI DEVICE USA INC., ET AL.,
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`Defendants.
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`§
`§
`§
`§
`§
`§
`§
`§
`§
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`§
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`PLAINTIFF AGIS SOFTWARE DEVELOPMENT LLC’S FIRST SUPPLEMENTAL
`OBJECTIONS AND RESPONSES TO DEFENDANT HTC CORPORATION’S
`FIRST SET OF INTERROGATORIES TO PLAINTIFF (NOS. 1-15)
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`PLEASE TAKE NOTICE that, pursuant to Rules 26 and 33 of the Federal Rules of Civil
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`Procedure, Plaintiff AGIS Software Development LLC (“AGIS” or “Plaintiff”) hereby
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`supplements its response to Defendant HTC Corporation’s (“HTC”) First Set of Interrogatories
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`to Plaintiff (Nos. 1-15) in writing, under oath, and in accordance with the following definitions
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`and instructions. These Interrogatories are continuing in nature and require supplementation in
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`accordance with the Federal Rules of Civil Procedure as follows:
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`These responses are made solely for the purposes of this action, and are made without
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`waiving, or intending to waive, the right at any time to revise, correct, modify, supplement or
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`clarify any response provided herein or the right to object on any proper grounds to the use of
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`these responses, for any purpose in whole or in part, in any subsequent proceedings or any other
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`action. The right to raise any applicable objections at any time is expressly reserved. A response
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`to any interrogatory herein should not be taken as an admission or acceptance of the existence of
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`any facts set forth or assumed by such interrogatory, or that such response constitutes admissible
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`Case 2:17-cv-00514-JRG Document 162-10 Filed 02/13/19 Page 3 of 3 PageID #: 14476
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`(cid:3)
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`AGIS objects to this interrogatory as overbroad, irrelevant, and unduly burdensome
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`because it seeks information beyond the scope of HTC’s P.R. 3-3 disclosures, i.e., invalidity
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`contentions, which were served on March 15, 2018.
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`AGIS objects to this interrogatory because the interrogatory is an improper compound
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`request. AGIS objects to this interrogatory because the interrogatory contains numerous distinct
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`sub-parts (at least twenty five), each of which counts towards HTC’s total number of
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`interrogatories.
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`AGIS objects to this Interrogatory as not sufficiently limited as to scope such that it
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`places an undue burden on AGIS.
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`AGIS objects to this Interrogatory as seeking information that is properly the subject of
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`expert reports before the deadline for such disclosures.
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`AGIS objects to this Interrogatory to the extent it calls for a legal conclusion.
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`AGIS objects to this Interrogatory as seeking information that is not relevant to the
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`claims or defenses of any party to this action, and not proportional to the needs of the case.
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`Notwithstanding its general and specific objections, AGIS answers as follows:
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`Discovery in this case is still ongoing and AGIS continues to investigate this matter. AGIS
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`states that each asserted claim of each Patent-in-Suit is entitled to at least the September 21, 2004
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`priority date of U.S. Patent Application Serial No. 10/711,490, filed on September 21, 2004,
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`which issued as U.S. Patent No. 7,031,728. AGIS reserves the right to rely on an interim priority
`AGIS reserves the right to rely on an interim priority
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`date, as AGIS continues to rely on interim priority dates identified in each of the Patents-in-Suit
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`date, as AGIS continues to rely on interim priority dates identified in each of the Patents-in-Suity
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`to establish priority prior to the actual filing date of the Patents-in-Suit (e.g., interim priority date
`to establish priority prior to the actual filing date of the Patents-in-Suit (e.g., interim priority date
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`April 18, 2006 which corresponds to the filing date of U.S. Patent No. 7,630,724). AGIS
`April 18, 2006 which corresponds to the filing date of U.S. Patent No. 7,630,724).
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`reserves the right to supplement the response to this interrogatory. For example, AGIS reserves
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`(cid:3)
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`22
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